LUGUN DUNGDUNG Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE three petitioners have been convicted underSection 307/149, Indian Penal Code, and sentenced to undergo R.I. for three years and to pay a fine of Rs. 100/ -, in default, to undergo R.I. for one month. The three petitioners along with three other accused persons were charged under Sections 147, 148, 307/149, Indian Penal Code, the trial Court convicted the three petitioners under Section 307/149 and acquitted the other three of all the charges and sentenced the convicted persons to three years' rigorous imprisonment and a fine of Rs. 100/ -, in default, to undergo rigorous imprisonment for three months. In appeal, while confirming the decision, the appellate court has merely modified the default sentence.

(2.) AS per the prosecution case, in the evening of 5.7.1991, Bibhisan Tanti (P.W.5), the injured, and Chandrakanta Tanti (P.W.3). a co -villager, had gone to the house of P.W.2 to collect their wages. While they were returning, petitioner No. 1 accosted them. At that time petitioner No. 2 came there with Thenga and dealt blow on the right side head of P.W.5. Petitioner No. 1 assaulted on back of the injured with another Thenga and thereafter the injured was also assaulted by petitioner No. 3. After the injured fell down, all the accused persons indiscriminately assaulted him.

(3.) RELYING upon the evidence of P.W. 5 as corroborated by the eyewitness P.W. 3 and the evidence of the doctor (P.W.8), the trial Court believed the occurrence. However, since the other three accused persons were implicated in a general manner, the trial Court acquitted them while convicting the petitioner under Section 307/149, Indian Penal Code. In appeal, on an independent assessment of the evidence, the appellate court has confirmed the findings of the trial Court.